Provincial Offences Act Flashcards
Provincial Offences Act
The Provincial Offences Act (POA) governs a variety of acts, including:
Traffic violations
Charges under the Highway Traffic Act, such as speeding, running red lights, improper lane changes, and distracted driving
Municipal by-laws
Charges related to excessive noise, animal control, or garbage disposal
Provincial legislation
Charges under the Environmental Protection Act, Occupational Health and Safety Act, Dog Owners’ Liability Act, and the Trespass to Property Act
Other provincial statutes
Charges under the Liquor Licence Act, Compulsory Automobile Insurance Act, and other provincial statutes
Federal statutes
Charges under a limited number of federal statutes, such as the Canadian Environmental Protection Act, Canada Shipping Act, 2001, and Fisheries Act
What are the three types of provincial offences
There are three types of provincial offences: mens rea, strict liability and absolute liability. The type of offence has consequences for both the prosecutor and the defendant. A two-step analysis may be used to identify the type of offence.
What is an absolute liability offence
Absolute Liability Offences only require the prosecution to prove that an unlawful act or omission occurred. The prosecution does not have to prove that the defendant had any form of intent. The accused is not entitled to rely on a defence, such as due diligence, necessity, or accident. Absolute liability offences can carry heavy fines, but no jail time.
An example of an absolute liability offence is failing to stop at a stop sign under the Highway Traffic Act.
What is a strict liability offence
Strict Liability Offences also only require the prosecution to prove that an unlawful act or omission occurred, and they are not required to prove intention. However, the accused is entitled to prove due diligence as a defence to the charge. You can face both fines and jail time if convicted of a strict liability offence.
An example of a strict liability offence is careless driving under the Highway Traffic Act.
What is a men’s rea
A Mens Rea Offence is like a criminal offence, in that the prosecution is required to prove both the physical act and the mental element (intent).
An example of a mens rea quasi-criminal offence is making a false statement on one’s tax return under the Income Tax Ac
